Legislation

  1. Digital Services Act (DSA):
    • In Germany, the Digital Services Act was implemented, replacing the outdated Telemedia Act (TMG). It establishes new rules for online platforms to enhance transparency, strengthen user rights, and combat illegal content effectively.
    • Relevant Norms:
      • Regulation (EU) 2022/2065: Digital Services Act.

Case Law

  1. Federal Court of Justice (BGH) – Use of Images of Wallpaper (Case No.: I ZR 139/23, September 11, 2024):
    • The BGH ruled that the use of images of wallpaper is permissible under copyright law if the copyright holder has implicitly agreed to such use.
    • Relevant Norms:
      • Section 31 German Copyright Act (UrhG): Granting of rights of use.
      • Section 32 German Copyright Act (UrhG): Equitable remuneration.
  2. European Court of Justice (ECJ) – Police Access to Data Stored on Mobile Phones (Case No.: C-548/21, October 4, 2024):
    • The ECJ decided that police access to personal data stored on mobile phones is not limited to cases involving serious crime.
    • Relevant Norms:
      • Directive (EU) 2016/680: Protection of natural persons regarding data processing by competent authorities for law enforcement purposes.
  3. Regional Court Karlsruhe – Individualized Media Coverage of Criminal Proceedings (Case No.: 22 O 6/24, October 9, 2024):
    • The court emphasized balancing personality rights and freedom of the press in media coverage that identifies individuals involved in criminal proceedings.
    • Relevant Norms:
      • Article 5 Basic Law (Grundgesetz): Freedom of expression, arts, and sciences.
      • Article 2 Basic Law (Grundgesetz): Personal freedoms.
  4. Federal Court of Justice (BGH) – Data Scraping Incident in Facebook Case (November 1, 2024):
    • The BGH reviewed claims related to a data breach involving Facebook. This case marked a leading decision on data scraping and privacy violations.
    • Relevant Norms:
      • General Data Protection Regulation (GDPR): Regulation (EU) 2016/679.
  5. Federal Labour Court (BAG) – Night Work Surcharge for Newspaper Deliverers (September 17, 2024):
    • The BAG ruled that newspaper deliverers working permanent night shifts are entitled to a 30% surcharge on gross income. Press freedom does not justify reducing the surcharge.
    • Relevant Norms:
      • Section 6(5) Working Hours Act (Arbeitszeitgesetz): Night work and shift work.

These legislative and judicial developments in 2024 reflect the ongoing evolution of media law to address digitalization, privacy concerns, and societal interests.

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